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dismissed EB-2 (NIW)

Nurse And Entrepreneur

Home Health Care · Brazil · 2024-07-24

Decision Date
2024-07-24
Location
Florida
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Proposed Endeavor

The petitioner proposes to establish and operate a home health care business in Florida. The business will offer general and follow-up care, personal care, palliative care, and emergency and urgent care for patients in their own homes.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The petitioner is well-positioned due to her nursing degree and over five years of professional experience.

2 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks national importance as it does not demonstrate broader implications for the field or significant economic impact.

3 On Balance, Beneficial to Waive Job Offer Not Met

The petitioner did not establish that waiving the labor certification requirement would benefit the U.S.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet the national importance element of Prong 1. Although she holds a bachelor's degree in nursing and has 5 years of experience, her business plan projecting 8 employees and $3.9 million in 5-year revenue was deemed insufficient to impact the industry or economy on a national scale.

Evidence

Evidence Types
Reference Letters Dependent
Expert Opinion Letters

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Frequently Asked Questions

A dismissed EB-2 NIW petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-07-24.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

Related Pages

EB-2 (NIW) Overview EB-2 (NIW) in Brazil All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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